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Divorce application form is a legal document which is used by those couple who want a breakup. Although divorce is not a good phenomenon but sometimes it becomes necessary for a couple to split their relation. Here is a sample divorce application form which you can use as per your desires. It helps you to design your own divorce application form. You can copy this form to word document for your desired modifications.

Filed in: ( ) Federal Magistrates Court ofAustralia

( ) Family Court ofAustralia

( ) Family Court of Western Australia

( ) Other (specify):

Client ID File number

COURT USE ONLYFiled atFiled on

Court location

Court date

Court time

Note: Applications for Divorce (and certain accompanying documents) can now be electronically filed through the Commonwealth Courts Portal (www.abc.gov.au). For more information see the User Guide to e-Filing Divorce Applications in Family Law, available at www.abc.gov.au

1. Who is/are making this application?

Husband Wife Husband and Wife together (joint)

2a. Do you want to attend the hearing?It may be compulsory for you to attend.Page D – Divorce Kit

Husband( ) Yes ( ) No

Wife( ) Yes ( ) No

If yes, will you need an interpreter at the hearing?

( )Yes ( ) NoIf yes, state language and dialect:

( )Yes ( ) NoIf yes, state language and dialect:

Part B Husband and Wife

Husband

Wife

3. Family name as used now

4. Full given names

5. Date of birth (day / month / year)

6. Country of birth

7. If born outside Australia, date you started living

in Australia

(day / month / year)

8. What is your occupation?

9. Residential addressIf you have safety concerns, you do not need to disclose a residential address.

13. Full names of both parties as they appear on the marriage certificate

HusbandWife

14. Date of separation (day / month / year) Page F – Divorce Kit

Date / /

15a. At the date of separation, did you regard the marriage as over?Page F – Divorce Kit

Husband ( ) Yes ( ) NoWife ( ) Yes ( ) No

15b. If you answered no to question 15(a), on what date did you regard the marriage as over? (day / month / year)

Husband Date / /Wife Date / /

16a. Since the date of separation, have you and your spouse lived together in the same home but not as husband and wife?

( ) Yes ( ) No

16b. If you answered yes to question 16(a), give dates of each period you and your spouse lived together in the same home after separation. (day / month / year) If relying on any period outlined here as part of the 12 months separation, go to Page F – Divorce Kit.

From / /to / /From / /

to / /

17a. Since the date of separation, have you and your spouse lived together as husband and wife?

( ) Yes ( ) No

17b. If you answered yes to question 17(a), give dates of each period you and your spouse lived together as husband and wife. (day / month / year) If relying on any period outlined here as part of the 12 months separation, go to Page G – Divorce Kit.

From / /to / /From / /

to / /

18. Do you think it is likely that you and your spouse will live together again as husband and wife?If yes, go to Page G – Divorce Kit.

( ) Yes ( ) No

19. At the date of filing this application, is it less than two years since you married?If yes, go to Page G – Divorce Kit.

( ) Yes ( ) No

Part E Other court cases

20. Are there any current or pending cases in this or any other court about family law, child support, family violence or child welfare involving any of the parties and/or children listed in this application?

( ) Yes ( ) NoIf yes, provide the following details for each current or pending case. Attach extra pages as required.

Court name and place

Next court date

/ /

Names of parties and/or children

Brief summary of current or pending case/s

21. Are there any existing orders, binding agreements, parenting plans or undertakings to a court about family law, child support, family violence or child welfare involving any of the parties and/or children listed in this application?

1. You and your spouse have been separated for at least 12 months, and

2. you are with a person who is authorized to witness your signature.

If you are applying as a sole applicant, you only need to sign your part of the affidavit. You do not have to ask or arrange for your spouse to sign his or her part of the affidavit.

If you are applying as husband and wife together, each person must sign their part of the affidavit. You may do so at different times and before different witnesses or before the same witness at the same time.

Husband

I swear / affirm that:

1. I am the applicant.

2. I have read this application.

3. The facts of which I have personal knowledge are true.

4. All other facts are true to the best of my knowledge, information and belief.

Wife

I swear / affirm that:

1. I am the applicant.

2. I have read this application.

3. The facts of which I have personal knowledge are true.

4. All other facts are true to the best of my knowledge, information and belief.

Signature

Signature

PlaceDate / /

PlaceDate / /

Before me (signature of witness)

Before me (signature of witness)

Full name of witness (print name)

Full name of witness (print name)

( ) Lawyer ( ) Lawyer

( ) Justice of the Peace ( ) Justice of the Peace

( ) Other (specify): ( ) Other (specify):

Part H Lawyer’s declaration

If you are representing yourself for this application, you do not need to sign this part. However, make sure you receive a copy of the information brochure ‘Marriage, Families and Separation’. Registry staff will provide you with a copy when you file your application.

If a lawyer is representing you for this application, then your lawyer must give you a copy of the brochure ‘Marriage, Families and Separation’ and complete and sign the declaration below.

I gave the applicant/s a copy of the brochure ‘Marriage, Families and Separation’.

_____________________________________

Signature of lawyer

Full name of lawyer:

Date: / /

FCWA F3_31 March 2010 V1

Notice of Application for Divorce

You only need to complete this notice if you have made a sole application. Once you have printed the name and address of your spouse, attach this notice to the front page of the Application for Divorce to be served on your spouse.

To (name of spouse)

Contact address (address for service)

TO THE RECIPIENT OF THIS NOTICE

In the attached application your spouse is applying for divorce. The Court has set down the hearing of this application at the time and place shown on page one of the Application for Divorce.

What steps you need to take

1 You should sign, date and return the Acknowledgment of Service to the person who served the Application for Divorce on you.

2 You should check the details given by your spouse in the application to make sure they are correct to the best of your knowledge. You should also carefully read the enclosed brochure ‘Marriage, Families and Separation’. It sets out the legal and possible social effects of divorce and the services provided to families by the Family Court and other government and community agencies.

3 If you want the divorce granted, you do not have to go to court or do anything else. A copy of the divorce order will be made available to you, either by post or through the Commonwealth Courts Portal (if you are a registered user) after the order has become final.

4 If you want the divorce granted but disagree with facts in the application, you may file an affidavit. You need to outline which facts you disagree with in the affidavit and attend the hearing.

5 If you do not want the divorce granted, you must file a Response to Divorce. You need to outline the reasons why you oppose the divorce in the Response to Divorce. You should attend the hearing. If you do not attend, the Court may decide the divorce application in your absence.

In certain circumstances, you can apply to the Court in writing to appear by telephone. For example, you live some distance from the Court; you have an illness or disability, the expense with attending or safety concerns. For more information call 08 9224 8222 or toll free 1800 199 228 to speak to a Call

Centre Officer at the Family Court of Western Australia.

Response to Divorce

If you want to file a Response to Divorce, you need to file it at a family law registry:

If served inAustralia– within 28 days of the application being served, or

If served outside ofAustralia– within 42 days of the application being served.

After filing the Response to Divorce with the Court, you must serve a copy of it on your spouse in accordance with the rules of the Court. You can get a copy of this form from www.abc.gov.au, by calling 08 9224 8222 or at your nearest family law registry.

Property and maintenance

If you want to apply to the Court about property or your own maintenance, you must file a separate application within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s permission to apply.